Finisar Corporation v. Nistica, Inc.
ORDER by Judge Yvonne Gonzalez Rogers denying 23 Motion to Dismiss as Moot. The hearing set for November 12, 2013 is VACATED. (fs, COURT STAFF) (Filed on 10/30/2013)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Northern District of California
United States District Court
Case No.: 13-CV-3345 YGR
ORDER DENYING MOTION TO DISMISS AS
In this patent case, on October 3, 2013, Plaintiff filed a motion to dismiss counterclaims
asserted in Defendant’s Answer under Federal Rule of Civil Procedure 12(b)(6), and to strike
affirmative defenses under Rule 12(f). (Dkt. No. 23).
On October 17, 2013, Defendant filed a statement of non-opposition, in which it represented
that, pursuant to Rule 15(a)(1(B), it would file an Amended Answer no later than October 24, 2013.
(Dkt. No. 32.)
Defendant timely filed its Amended Answer. (Dkt. No. 35.) In light of the filing of that
pleading, Plaintiff’s motion is DENIED as moot. The hearing set for November 12, 2013, is
This Order terminates Docket No. 23.
IT IS SO ORDERED.
Date: October 30 , 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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